Google-Go-Round

Google profits, the pirates profit and creators make zero

I finally decided to do something about the Google ads that seemed to be everywhere on pirate websites linking to or streaming our film. So, I did what Google tells “us” to do, filed a DMCA complaint with AdSense. Welcome to the Google-Go-Round–a world where forward progress is merely an illusion.

So far, I’ve only received actual correspondence regarding the status of my complaint(s) from them one time. The “Google Team” sent this email notifying me that a “counter-notice” had been filed:

As described in 17 U.S.C. 512(g), by this e-mail, we are providing you with the counter notification and await your notice (in not more than 10 days) that you have filed an action seeking a court order to restrain the counter-notifier’s allegedly infringing activity. If we do not receive such notice from you, we will not remove the AdSense publisher from our program. If you have any questions please contact our DMCA agent at 650.214.4053.

“Counter-Notice” really more of a confession from Chinese webmaster.

Well, it turned out the alleged “counter-notice” which was sent from a Chinese webmaster was NOT a “counter notice” but actually a “confession” of sorts. You see, Google hadn’t bothered to translate the “notice” so I had a friend do it. It reads:

Paragraph 1,
All related online viewing to “And Then Came Lola” has been deleted / taken off.
(7 links attached)

Paragraph 2,
Name: Jiang, Xiao Bo
Address: Number 73, Lao Dong Road, Sha Ping Ba, Chong Qing City, China.
Tel: +86 137 083 56012
Email: jxb412@126.com
Notice: I agree to California Court has the jurisdiction right over our area and I agree to rules (c)(1)(1).Paragraph 3,
I, sincerely, admit and declarethat all the posting / searching results has been deleted and it will never happen again, I am willing to take punishment if I given false statement.

I immediately wrote Google and explained that the “Google Team” was in error and that, despite what was written in their email, the webmaster had actually apologized. So much for a required “court order.”

Without admitting any screw up on their part the “Google Team” wrote back and said:

We believe that the issue described in your complaint regarding allegedly copyright infringing material on the following v.26vv.cn pages has been remedied.

Well, actually no it hasn’t. You see, in my mind, it had not been remedied, not at all. First of all, it only took me about 5 seconds to find more copies of LOLA on their website (along with copies of Twilight: Eclipse) but more to the point, my question back to Google was basically “how much is enough?” When does one of your clients cross the threshold whereby their Google AdSense accounts are cancelled? Or, to use Google-speak–What standard does Google apply in deciding when to “remove the AdSense publisher” from its stable of cash cows?

Clearly the operators of this website know full well that their pages are full of pirated films. Clearly the “Google Team” knows that too. So, I ask again Google, how much is enough?????? Are your profits really more important? Actually, don’t bother answering that–I get it. Your profits ARE really more important. That’s what’s MOST important, morality be damned. Google profits, the pirates profit and creators make zero.

Just for the record here’s a screen cap of a version I found 5 seconds after Google told me everything was now hunky-dory.

How much is enough before Google closes a “client’s” AdSense account?

Also, as I mentioned, this is the ONLY time I’ve actually heard a peep from Google’s “team” regarding the DMCA notices I’ve filed with AdSense. Of course I’ve only filed actual complaints for a fraction of the Google ad-filled websites I’ve come across, but just for some perspective, here’s a screen cap of the notices I’ve filed. Save for the one mentioned above, I’ve heard nothing…

Still wating to hear from Google on these…all I’ve heard thus far is the sound of crickets.

Still waiting to hear from Google on these. All I’ve heard thus far is the sound of crickets.

PS: Maybe someone can the “Google Team” that the phone number they gave me for their DMCA agent to call if had “questions” has a voice mail box that’s out of memory. Jeeze, you’d think a company like Google, with all that tainted ad money flowing in, could afford more memory–or maybe even a live person who picks up the phone?

PPS: Google’s AdSense “Terms and Conditions” state:

You shall not, and shall not authorize or encourage any third party to: (xi) engage in any action or practice that reflects poorly on Google or otherwise disparages or devalues Google’s reputation or goodwill. You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.

It would seem to me that allowing AdSense users to create web pages that feature and promote pirated content reflects poorly on Google. But then again, when it comes time for Google to report its quarterly earnings, the term “poorly” isn’t the first thing that comes to mind……

Updated 4/6/11:

Here’s another example (one of many) where I sent a DMCA notice to Google regarding illegal download links for our film. The “page” was removed from the website. However, go to the home page and you’ll find plenty more pirated films featuring a trio of Google provided advertisements across the top. How much piracy is enough for Google to close an AdSense account?

Our film has been removed from the website but…

No worries, Google still maintains a business relationship with this website. Head back to the main home page and you will see a variety of pirated films to choose from along with Google ads.